HOW MUCH MONEY IS

MY SLIP AND FALL CASE

WORTH? Knowledge of the Value of Your Claim Can Help You

to Determine If a Settlement Offer Is Reasonable and Appropriate Given the Circumstances of the Fall

and the Nature of Your Injuries

TESTA & ASSOCIATES, LLP SAN DIEGO LITIGATION ATTORNEYS

How Much Money is my Slip and Fall Case Worth? www.testalaw.com 2

A slip and fall can cause devastating injuries. New evidence indicates that falls

may be on the path to overtake motorcycle accidents as the leading cause of

deaths due to trauma. Falls are also a top cause of both traumatic brain injuries

(TBIs) as well as spinal cord damage and paralysis.

Slip and falls often occur as a

result of dangerous or

hazardous conditions on

property or as a result of abuse

and neglect in a nursing home

setting. Property owners have

an obligation to visitors, with

the extent of their duty

determined based on the reason the visitor was on the property. Nursing homes

also have a legal obligation to residents to take precautions to prevent falls.

When a property owner, a renter or a nursing home fails to live up to its

obligations, the victim can take legal action to obtain full and fair compensation

for all resulting injuries. Slip and fall cases may be resolved through personal

injury or wrongful death civil actions in court. Many cases also settle, with the

defendant or defendant’s insurer accepting responsibility for the accident and

agreeing to a payment to the victim in exchange for a waiver of further liability.

Before settling a case or taking a claim to court, it is essential for victims to

understand what their slip and fall case is worth. Knowledge of the value of your

claim can help you to determine if a settlement offer is reasonable and

How Much Money is my Slip and Fall Case Worth? www.testalaw.com 3

appropriate given the circumstances of the fall and the nature of your injuries.

An experienced attorney can provide guidance on the value of your claim.

THE VALUE OF YOUR SLIP AND FALL CASE

Each individual injury case has its own unique set of

circumstances and a legal professional should be

consulted to determine the likely worth of your claim.

However, there are several primary factors that affect

how much money you are likely to receive for a slip and

fall including:

The severity of the injuries resulting from the

fall.

The strength of the evidence that the defendant

was responsible for the fall.

Whether your own negligence played any role in causing the fall

THE SEVERITY OF THE INJURIES FROM THE FALL

The severity of the injuries resulting from the fall is fundamentally important in

determining the worth of your claim. The law entitles you to be “made whole,”

which means be compensated in full for actual economic losses as well as for

intangible non-economic costs.

The compensation you should receive after a slip and fall incident should cover:

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Medical treatment expenditures including the cost of transportation to

doctor’s appointments as well as the cost of caregivers or adaptive devices.

Permanent injuries mean ongoing care costs, which should be covered.

Lost income and wages. If you take any time off from work or are forced to

give up your job, you should receive the value of your lost income. When

injuries reduce your earning power but you are able to continue working,

you may recover the difference in wages the injury has caused over your

lifetime.

Pain and suffering/emotional distress. Placing a value on the extent of your

pain is difficult. Some insurers use a pain multiplier, which involves

calculating your actual economic damages (lost income and medical

expenses) and multiplying this by a set number. The multiplier is usually

between 1.5 and 5.

In the event that the fall caused fatal injuries, surviving family members may take

action for wrongful death and be compensated for loss of companionship; loss of

the deceased’s income, funeral expenditures and outlays for medical bills prior to

the death.

THE STRENGTH OF THE EVIDENCE

While your injuries should be the primary determining factor in how much your

slip and fall case is worth, the strength of your evidence also matters. If you

pursue your claim in court, you have the burden of proving to the jury that the

defendant was liable for the accident and injuries. Strong evidence means you

are likely to win your claim and have the jury award you damages. Insurance

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companies know this and are more likely to offer fair and generous settlements to

avoid a likely court loss.

If your evidence is weak, on the other hand, you could go to court and receive

nothing. Insurers know this as well and may refuse to settle or may offer a low

settlement to simply resolve what they consider to be a “nuisance” lawsuit.

Your attorney can help you to gather evidence so your case is as strong as

possible and can advise you on when weak evidence means you may wish to

accept a settlement that is on the table.

THE ROLE OF YOUR OWN NEGLIGENCE

Under traditional rules for injury lawsuits,

victims could not sue or make a damage

claim if they were partially responsible for

their own injuries. The rules have

changed in most states, including

California.

California now uses a pure comparative negligence system. This means if you

were partially to blame for your own accident, you can still take legal action

against the other party who was also responsible. Since California uses a pure

comparative fault system, you could theoretically take legal action even if you

were 99 percent responsible for your own fall.

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Your compensation is reduced by the percentage of fault that is attributed to your

actions. For example, if you suffered $10,000 in damages from the fall and you

were 50 percent responsible, you would be able to recover only $5,000 from the

property owner who shares the blame.

Having an attorney is always important to maximize compensation after fall

injuries occur, but is especially important in comparative fault cases due to the

added complexity these types of claims present.

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About Testa& Associates, LLP

Attorney James A. Testa founded

Testa& Associates in 1991, already with

fifteen years of experience in the law.

His goal was to provide clients with

effective legal representation while

striving for economy in legal expenses.

Through the years, the firm has

developed a reputation among

attorneys and judges in San Diego

County and Riverside County for

aggressive and ethical courtroom

representation. Our attorneys have

extensive jury trial experience

handling personal injury , and business law cases . Our administrative staff

members have each been with the firm for more than ten years, providing a

superior degree of continuity, support, and service.

Testa& Associates lawyers take pride in finding cost-effective solutions to clients’

legal matters. In 1988, Jim Testa, along with a Vista Superior Court Judge and a

handful of other San Diego attorneys, developed the two-attorney settlement

panel process that is still in use today to settle legal disputes in San Diego County.

Testa& Associates, LLP www.testalaw.com 570 Rancheros Drive Suite 250 San Marcos, CA 92069 Phone: (760) 891-0490 Fax: (760) 891-0495